- Cited — DnaNudge Limited v Ventura Capital GP Limited 2023-10-09
“…level over the last 25 years. There has been general agreement with Lord Hoffmann’s statement in Investors Compensation Scheme v West Bromwich Building Society [1998] 1 WLR 896 (“ICS”) at 912 that,…”
- Cited — Secretary of State for the Home Department v James Cox & Ors. 2023-05-19
“…s relevant having regard to the approach to interpretation set out in, amongst other cases, Investors Compensation Scheme Ltd. v West Bromwich Building Society [1998] 1 WLR 896 and Arnold v Britton [2015] UKSC 36, [2015] AC 1619. Given that the collective agreement would not have been intended to be enforceable by the union or employe…”
- Cited — Secretary of State for the Home Department v James Cox & Ors. 2023-05-19
“…The process for interpreting contracts is well established. As Lord Hoffmann observed in Investors Compensation Scheme Ltd. v West Bromwich Building Society [1998] 1 WLR 896 at pages 912 to 923, the process of interpreting contracts involves:…”
- Cited — Adaptive Spectrum and Signal Alignment Inc v British Telecommunications PLC 2023-04-26
“…one wrong with the language (see Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 and also Investors Compensation Scheme Ltd v West Bromwich Building Society[1998] 1 WLR 896 at 93D-E about not attributing to the parties an intention which they plainly could not have had).…”
- Cited — Kajima Construction Europe (UK) Limted & Anor v Children’s Ark Partnership Limited 2023-03-17
“…he Antaios) [1985] AC 191, 201, in the well-known passage cited with approval by Lord Hofmann in Investors Compensation Scheme v West Bromwich Building Society [1998] 1 WLR 896, “…if detailed semantic and syntactical analysis of words in a commercial contract is going to lead to a conclusion that flouts business common sense, it must …”
- Cited — Yee Shi Yin v 174 Law Solicitors Limited 2023-01-13
“…es Ltd [2017] UKSC 24, [2017] AC 1173, at paragraph 10) or, in the words of Lord Hoffmann in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 at 912, “ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have be…”
- Cited — Adrian Arvunescu v Quick Release (Automotive) Limited 2022-12-06
“…e EAT at paragraph 53 to 54 of its judgment. In general terms, as Lord Hoffmann observed in Investors Compensation Scheme Ltd. v West Bromwich Building Society [1998] 1 WLR 896 at pages 912 to 923, the process of interpreting contracts involves:…”
- Cited — Colbalt Data Centre 2 LLP & Anor. The Commissioners for HMRC 2022-10-31
“…f the parties and their declarations of subjective intent” when interpreting a contract: see Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 at 913 (“ICS”), per Lord Hoffmann;…”
- Cited — MUR Shipping BV v RTI Ltd. 2022-10-27
“…es Ltd [2017] UKSC 24, [2017] AC 1173, at paragraph 10) or, in the words of Lord Hoffmann in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 at 912, “ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have be…”
- Followed — Allan John Doyle v M&D Foundation & Building Services Limited 2022-07-08
“…re framed in earlier decisions. First, Lord Hoffman’s exposition of the principles applicable in Investors Compensation Scheme v West Bromwich Building Society [1998] 1 WLR 896 at 913B-E included the following:…”
- Cited — Robert Nicholas Jason Scholfield & Anor. v Matthew David Smith & Anor. 2022-06-21
“…, the House of Lords have discussed contractual interpretation on a number of occasions: see Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 (“ICS”), Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101 (“Chartbrook”), Rainy Sky SA v Kookmin Bank [2011] UKSC 50, [2011] 1 WLR 2900, A…”
- Cited — Nord Naphtha Limited v New Stream Trading AG 2021-11-30
“…hole. The approach is set out in this familiar passage from the judgment of Lord Hoffmann in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896, at 912:…”
- Cited — Gregor Fisken Ltd v Carl (Rev 1) 2021-05-28
“…ore the new approach to the construction of contracts signalled by Lord Hoffmann’s speech in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 and developed in later House of Lords and Supreme Court cases. He submitted that when the contract is viewed in this setting, GFL should be understood as signi…”
- Cited — European Film Bonds A/S & Ors v Lotus Holdings LLC & Ors 2021-05-28
“… that it has to decide. That said, I would normally include in any iteration of the principles, the principle derived from ICS v West Bromwich Building Society [1998] 1 WLR 896, 912H, reaffirmed with slight refinements many times since, that interpretation is the ascertainment of the meaning which the document would convey to a reason…”
- Doubted — Fishbourne Developments Ltd v Stephens 2020-12-16
“…I do not doubt that cases such as Rainy Sky, Arnold and Wood place a stronger emphasis than [Investors Compensation Scheme v West Bromwich Building Society [1998] 1 WLR 896]and perhaps Chartbrook on the language of the document as the starting point and, if that has an apparently clear meaning, the need for proper justification fo…”
- Cited — Fishbourne Developments Ltd v Stephens 2020-12-16
“…e contract, excluding evidence of the prior negotiations. When in his celebrated judgment in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896[1998] 1 WLR Lord Hoffmann (pp 912-913) reformulated the principles of contractual interpretation, some saw his second principle, which allowed consideration of…”
- Cited — Primus International Holding Company & Ors v Triumph Controls - UK Ltd & Anor 2020-09-22
“…ary to have regard to the factual background when construing a contract (as per Lord Hoffmann in Investors Compensation Scheme v West Bromwich Building Society [1998] 1 WLR 896), neither side sought to identify or rely upon any particular part of the factual background to the SPA in order to assist their submissions or to undermine th…”
- Cited — Rees & Anor v Windsor-Clive & Ors 2020-07-01
“…In Investors’ Compensation Scheme Ltd v West Bromwich BS [1998] 1 WLR 896 Lord Hoffmann famously declared that:…”
- Cited — First National Trustco (UK) Ltd & Anor v McQuitty & Ors 2020-02-05
“…[1998] 1 WLR 896…”
- Cited — Ho v Adelekun 2019-11-19
“…es Ltd [2017] UKSC 24, [2017] AC 1173, at paragraph 10) or, in the words of Lord Hoffmann in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 at 912, “ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have be…”
- Cited — Jones & Anor v Oven & Anor 2018-08-10
“…he court to conclude that something must have gone wrong with the language. He referred to Investors Compensation Scheme Ltd and West Bromwich Building Society [1998] 1 WLR 896, at 913D, per Lord Hoffmann. He accepted that it might be ‘a curiosity’ that, if the barn were demolished and the Strip re-transferred, it would not be subject…”
- Cited — Malone v Birmingham Community NHS Trust 2018-06-19
“…We were referred to a number of authorities concerning the proper approach to construction, including ICS Ltd v West Bromwich Building Society [1998] 1 WLR 896; Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] AC 749; Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] AC 1101 and Wood v Capi…”